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updated 7:58 PM PST, Feb 12, 2016

Yours, Mine or Ours? US Department of Labor Wage and Hour Division issues new Joint Employer Standard

By Francis T. Barnwell & Emily Q. Shults

On January 20, 2016, the United States Department of Labor, Wage and Hour Division issued an Administrator’s Interpretation (“AI”), effectively an advisory opinion, explaining how it will interpret joint employer status under the Fair Labor Standards Act (“FLSA”) and Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”).[1]  While this AI is not binding authority, it is a clear flare that the Wage and Hour Division (WHD) intends to take more aggressive enforcement positions against those it deems “joint employers,” which will likely include an effort to expand FLSA and MSPA statutory coverage to smaller businesses and hold larger employers responsible for unpaid back wages and overtime obligations. 

Indeed, the WHD’s new definition is broader than the position advanced by the National Labor Relations Board under its recently expanded joint employer test in Browning-Ferris Industries of California, Inc..[2] The WHD approach, in a nutshell, rejects the common law control test for employment and looks at the connections between the two entities where an individual is employed by both (horizontal joint employers) and the economic realities as to whether an individual employed by one entity is economically dependent on another entity (vertical joint employers).  In a simultaneously issued blog post, the WHD Administrator, David Weil stated that joint employment has been and will continue to be a “major focus” for the WHD.

By way of a refresher course in federal wage and hour enforcement, the WHD is charged with enforcing the FLSA, which at its essence, requires employers to (1) pay employees at least the federally mandated minimum wage; (2) pay employees overtime wages of time and a half for all hours worked in excess of forty hours per regular workweek; and (3) prohibits discrimination against any employee who reports an FLSA violation.  The MSPA has similar provisions applicable to seasonal agricultural workers. 

In light of these enforcement issues and the significant penalties which potentially fall upon the “employer” for erroneous wage and hour calculations, “[w]hether an employee has more than one employer is important in determining employees’ rights and employers’ obligations under the FLSA and MSPA,” (AI, p 2).  The AI provides guidance on when two or more employers jointly employ an employee and are thus jointly liable for compliance under the FLSA or MSPA.

The FLSA and MSPA Joint Employer Test

The AI details two types of joint employment—horizontal and vertical—which business should note when assessing their legal obligations and risk.  According to the AI:
 
  • Horizontal joint employment “exists where the employee has employment relationships with two or more employers and the employers are sufficiently associated or related with respect to the employee such that they jointly employ the employee.”  To determine whether horizontal joint employment exists, the WHD will look at the following non-inclusive list of factors:
     
    • who owns the potential joint employers (i.e., does one employer own part or all of the other or do they have any common owners);
    • do the potential joint employers have any overlapping officers, directors, executives, or managers;
    • do the potential joint employers share control over operations (e.g., hiring, firing, payroll, advertising, overhead costs);
    • are the potential joint employers’ operations inter-mingled (for example, is there one administrative operation for both employers, or does the same person schedule and pay the employees regardless of which employer they work for);
    • does one potential joint employer supervise the work of the other;
    • do the potential joint employers share supervisory authority for the employee;
    • do the potential joint employers treat the employees as a pool of employees available to both of them;
    • do the potential joint employers share clients or customers; and
    • are there any agreements between the potential joint employers.
         
(AI, p. 8). 
 
  • Vertical joint employment “exists where the employee has an employment relationship with one employer (typically a staffing agency, subcontractor, labor provider, or other intermediary employer) and the economic realities show that he or she is economically dependent on, and thus employed by, another entity involved in the work.”  Instead of the current FLSA joint employment regulations, the AI announces that it will apply an “economic realities” test to evaluate whether vertical joint employment exists, ultimately assessing whether there is “economic dependence” between the entities. In applying this economic realities test, the AI asserts that the WHD will look at the following non-inclusive list of factors drawn from the MSPA:
 
  • Directing, Controlling, or Supervising the Work Performed. To the extent that the work performed by the employee is controlled or supervised by the potential joint employer beyond a reasonable degree of contract performance oversight, such control suggests that the employee is economically dependent on the potential joint employer.
     
  • Controlling Employment Conditions. To the extent that the potential joint employer has the power to hire or fire the employee, modify employment conditions, or determine the rate or method of pay, such control indicates that the employee is economically dependent on the potential joint employer.
     
  • Permanency and Duration of Relationship. An indefinite, permanent, full-time, or long-term relationship by the employee with the potential joint employer suggests economic dependence.
     
  • Repetitive and Rote Nature of Work. To the extent that the employee’s work for the potential joint employer is repetitive and rote, is relatively unskilled, and/or requires little or no training, those facts indicate that the employee is economically dependent on the potential joint employer.
     
  • Integral to Business. If the employee’s work is an integral part of the potential joint employer’s business, that fact indicates that the employee is economically dependent on the potential joint employer.
     
  • Work Performed on Premises. The employee’s performance of the work on premises owned or controlled by the potential joint employer indicates that the employee is economically dependent on the potential joint employer. The potential joint employer’s leasing as opposed to owning the premises where the work is performed is immaterial because the potential joint employer, as the lessee, controls the premises.
     
  • Performing Administrative Functions Commonly Performed by Employers. To the extent that the potential joint employer performs administrative functions for the employee, such as handling payroll, providing workers’ compensation insurance, providing necessary facilities and safety equipment, housing, or transportation, or providing tools and materials required for the work, those facts indicate economic dependence by the employee on the potential joint employer.
 

(AI, p. 11-12).   
 
Examples of a horizontal joint employment relationship are where “a waitress works for two separate restaurants that are operated by the same entity and the question is whether the two restaurants are sufficiently associated with respect to the waitress such that they jointly employ the waitress; or where a farmworker picks produce at two separate orchards and the orchards have an arrangement to share farmworkers.”  (AI, p. 7).

Examples of a vertical joint employment relationship are:  garment workers “are directly employed by a contractor who contracted with the garment manufacturer to perform a specific function”; “nurses placed at a hospital by staffing agencies”; or “warehouse workers whose labor is arranged and overseen by layers of intermediaries between the workers and the owner or operator of the warehouse facility.” (AI, p. 9, citations omitted).

Obviously, these broad definitions of joint employment may potentially be problematic to some staffing relationships developed with the understanding that there was not joint employment with respect to one or more aligned businesses.  Businesses located in the Ninth Circuit (including Oregon) have previously been required to consider a more expansive joint employer test as the Ninth Circuit has applied a number of the above factors to vertical joint employment situations in FLSA cases to “help to determine whether the employee is economically dependent on the potential joint employer.”  (AI, p. 12-13 (citing Carrillo v. Schneider Logistics, 2014 WL 183956, at *6 (applying a joint employment economic realities analysis)).

What to Do in Light of the New Guidance
 
  • First, don’t panic.  The AI reflects a departure from the DOL’s current standards, yet the DOL did not pursue the “notice-and-comment” procedures required under the Administrative Procedures Act when regulations are changed. Thus, the AI is almost certain to be challenged via litigation. 
     
  • Second, take note that the AI reflects the WHD’s clear intent to more closely scrutinize employment relationships and take an aggressive enforcement position when joint employment exists.  In addition to its published guidance, the DOL has created a new page on its website dedicated to the joint employer issue.
     
  • Finally, evaluate the potential implications of this AI on your staffing contracts and aligned business relationships.  If an employer is at risk of being found to be a joint employer with another entity, the employer can consider avenues to reduce liability risks, including (1) evaluate the horizontal and vertical joint employer factors and manage the reality and/or the relationship to minimize risk under the factors, (2) review and ensure that favorable indemnification language exists in any contract or agreement with an associated entity, and (3) consider communicating with the associated entity to confirm or obtain reassurances, that the entity is complying with wage and hour obligations.  The AI specifically mentions the construction, agricultural, janitorial, warehouse and logistics, staffing, and hospitality industries as frequently having unacknowledged joint employer situations; consequently, these industries should take particular note of this interpretation. 

Possible joint employer situations continue to be an area of the law that is highly scrutinized.  Bullard Law can help analyze your current personnel and contractor relationships in light of the WHD’s expansive position on joint employment and help strategize ways to structure and defend alternative work force arrangements.  For more information about this significant development and its potential impact, please feel free to contact us.
 
[1] Department of Labor, Wage and Hour Division, Administrator's Interpretation No. 2016-01 (Jan. 20, 2016), available at http://www.dol.gov/whd/flsa/Joint_Employment_AI.pdf.

 
[2] In the August 27, 2015 Browning-Ferris Industries of California, Inc. decision, the National Labor Relations Board adopted a new joint employer standard, holding that a putative joint employer is no longer required to exercise “direct and immediate” control over workers’ terms and conditions of employment, but “indirect” or even “reserved” control is now potentially sufficient to establish a joint employment relationship (as previously discussed in in our August 28, 2015 Bullard Edge post).

Employment Law Prop Bets ~ EEOC, OFCCP, Minimum Wage, and Flying Turkeys

By Michael G. McClory

On Sunday, the Denver Broncos will defeat play the Carolina Panthers in Super Bowl 50.  Millions of people around the world will watch this game for a number of reasons.  Most who watch will eat too many hot wings as they watch the game to see Denver lift who lifts the Lombardi Trophy as the 2016 champion.  Other folks will watch the game for the commercials (featuring hot dogs, first dates and cold truth).  Still other folks will watch for the prop bets (such as who will win the coin toss, will Peyton Manning cry, and how many times will the Golden Gate Bridge be shown during the game). 
 
In the spirit of the prop bet, The Bullard Edge is offering this Super Bowl Edition Quiz.  The following four questions all relate to current labor and employment law issues.  We think they are easy, but we have read the answer key that is set out at the end of this post.  Take your best shot at answering them. 
 
Question 1: 
True or False.  EEOC and OFCCP believe that employers will need less than 7 hours, on average, to complete an EEO-1 form if the proposed data collection requirements go into effect in 2017.
 
Question 2: 
True or False.  OFCCP’s final rules implementing Executive Order 13665 (“Non-Retaliation for Disclosure of Compensation Information”) went into effect on January 11, 2016.  Federal contractors and subcontractors covered by these pay transparency rules are now required to disclose, upon request from an employee or applicant, what other employees are paid.
 
Question 3: 
True or False.  The Oregon legislative session started on February 1, 2015.  One of the bills being considered would increase the minimum wage in Oregon to $14.75/hour by July 1, 2022.
 
Question 4: 
Which is True - (1) a professional sports team scheduled a fireworks show for epilepsy awareness night or (2) a transportation provider permitted a passenger to bring an “emotional support turkey” on a flight?
 
Good luck.  Our answers follow the picture.

SuperBowl 2

Answer to Question 1: 
It is True.  Last week EEOC and OFCCP jointly announced a proposal to add a burdensome pay data reporting component to the EEO-1 Report.  As stated in The Bullard Edge on January 29, 2016, the revised EEO-1 Report will require employers to report total W-2 earnings for employees for a 12-month period of time and to indicate the number of employees in each job category (there are ten) who fall into each of 12 pay bands. 
This is clearly a time consuming process.  Nevertheless, according to the Burden Statement published in the Federal Register, EEOC and OFCCP estimate that the average burden will be “6.6 hours per filer.”  As if.
 
Question 2: 
False.  While OFCCP’s final rules implementing Executive Order 13665 (“Non-Retaliation for Disclosure of Compensation Information”) did go into effect on January 11, 2016, these pay transparency rules do not require covered federal contractors and subcontractors to disclose, upon request from an employee or applicant, what other employees are paid. 
 
Rather, the rules bar covered federal contractors and subcontractors from adopting and enforcing policies and/or practices that prohibit or prevent applicants and employees from freely discussing pay.  An employer may not discriminate against applicants or employees for inquiring about, discussing or disclosing their pay or, in certain circumstances, the pay of their co-workers.  OFCCP has published a notice for employers to post in the workplace and include in handbooks.
 
Question 3: 
True-ish.  The Oregon legislature is in session and is currently considering a proposal to raise the state minimum wage gradually over the course of six years.  However, rather than a single statewide rate, Associated Oregon Industries reports that proposal currently being considered “organizes the state into three regions:  the Portland Urban Growth Boundary, the frontier counties (defined in the amendments) and the rest of the state.  The Portland Urban Grown Boundary (UGB) will increase to $9.75 in July of 2016, and move gradually to $14.75 by 2022.  Frontier counties will increase to $9.50 in July 2016 and move to $12.50 by 2022.  The rest of the state will start at $9.75, and grow to $13.50 by 2022.”  It is SB 1532 and you can read the divide-the-state-into-three proposal here.
 
Question 4: 
This was a trick question.  Both things are true.
 
According to the New York Daily News, the Kansas City Royals scheduled August 5, 2016 as epilepsy awareness night and also scheduled a fireworks show for after the game.  We are happy to report that this has been changed.  The epilepsy awareness night is now set for August 6, 2016.  The original scheduling caused an uproar because fireworks are one of the things that are known triggers of epileptic seizures.
 
According to Fox News, last month Delta Airlines allowed a passenger to bring an “emotional support” turkey on a flight and allowed the turkey to have its own seat.  Under the ADA, businesses may be required to permit patrons to bring “service animals” onto the premises.  However, DOJ defines service animals as “dogs” and sometimes “miniature horses” that are individually trained to do work or perform tasks for people with disabilities.  Further, DOJ specifically states that dogs “whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.”  Here at The Bullard Edge we have also discussed service animals in the context of employment.  The bottom line: leave your turkey at home.
 
Enjoy the Super Bowl.  Go Broncos.
 

The Bullard Edge

Energy Trust of Oregon seeks new Executive Director

An independent nonprofit organization, Energy Trust plays a vital role in changing Oregon’s energy landscape and shaping a future fueled by clean, affordable energy. We’re nationally known for leading-edge energy efficiency and renewable energy programs and services that help residents and businesses save energy and money, and deliver significant economic and environmental benefits to Oregon’s utility customers.

Working with a committed Board of Directors and an experienced senior executive team, the Executive Director leads a 100+ staff focused on innovation, customer service, achievement of performance goals, accountability, efficient and effective operations, and timely and transparent communications with stakeholders.

We are looking for an experienced executive leader with a true passion for our mission.

The application period closes Monday, February 22. Additional information and instructions for applying are at http://energytrust.org/executive-director.

Help us find Energy Trust’s next Executive Director. Please forward this email to your network.

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Concordia U. Portland Honors Education Leaders, Promotes Steam

Adding the “A” to STEM: the role of the arts in nurturing the innovation economy.

John Maeda CU 2016

PORTLAND, Ore. – Feb. 3, 2016 –John Maeda,a national advocate for the importance of the arts in education, spoke to a crowd of more than 600 people at the Feb. 2Concordia University’s Victor Atiyeh Leadership in Education Awards, presented by HotChalk Inc.

Proceeds from the event benefit Concordia University student scholarships and 3 to PhD®, the public-private partnership between Concordia University, Portland Public Schools’ Faubion School and Trillium Family Services as they develop a new national model to create safer, healthier, more educated communities. 

Maeda, design partner for Kleiner, PerkinsCaulfield and Byers and the former president of Rhode Island School of Design, is the spokesperson for what has become a national movement to add the “A” to STEAM for science, technology, engineering, art and math. Students beginning elementary school today are likely to work in jobs that have not yet been invented, so it is imperative that children gain new skills across disciplines to be successful in the 21st century workforce. 

“The arts bring an important humanistic creativity to science and technology,” said Maeda. “Art impacts our lives and the economy, playing a critical role in the start-up ecosystem.” Maeda acknowledgedthe role of U.S. Congresswoman Suzanne Bonamici for her work advocating for STEAM as part of the Every Student Succeeds Act, signed into law by President Obama on Dec. 10, 2015.

The idea behind STEAM is not separate classes, but art and design skills woven into core curriculum, giving teachers new tools to engage students in a creative process that connects back to other subjects. Maeda believes today's leaders, especially in education, are faced with a new world that requires them to lead differently and creatively. His TED Talk has nearly 500,000 views.

At the event, Concordia University honoredCarl Taltonwith its 2016 Governor Victor Atiyeh Leadership in Education Award.  Locally and regionally, Talton has built strong communities and advocated for greater access to STEAM education, especially for underserved populations.  Talton,the executive chair of both Portland Family of Funds and United Fund Advisors, is a founding member of the STEAM Coalition of Northeast Portland.Past honorees include: Dan and Priscilla Wieden, Kay Toran, Richard C. Alexander and Ken Thrasher, as well as the award’s namesake, the late Gov. Victor G. Atiyeh.

“The outstanding civic and community leadership Carl Taltondemonstrates enriches and improves the lives of all Portland residents, especially underserved populations,” said Concordia University President Charles Schlimpert. “Concordia University is honored to recognize Carl’s commitment to ensuring access to STEAM educational opportunities to ensure a more inclusive future.”  

ABOUT CONCORDIA UNIVERSITY

Concordia University is a private, Lutheran, liberal arts university located in northeast Portland, Ore. with a mission of preparing leaders for the transformation of society. Founded in 1905, Concordia University is Oregon’s fastest growing university, now serving more than 7,400 students on its campuses and online, through its College of Education, College of Health & Human Services, College of Theology, Arts, & Sciences, School of Management, and Concordia University School of Law in Boise, Idaho. For more about Concordia University, visit www.cu-portland.edu and www.concordialaw.com.

 

Greenman Joins Lane Powell's Long Term Care and Senior Housing Client Service Team

Joseph M. Greenman has joined Lane Powell as a Shareholder in the Long Term Care and Senior Housing Client Service Team on Monday, February 1.  Greenman focuses his practice on regulatory and complex matters involving long term care and senior housing providers.  As the former Senior Vice President and General Counsel of Oregon Health Care Association, and a member of the American Health Care Association Legal Committee, he possesses in-depth knowledge of the laws and regulations governing the entire continuum of long term care providers.  Greenman regularly advises clients on risk management, compliance with state and federal regulations, reimbursement issues, HIPAA compliance and public policy matters.

Greenman has extensive experience working with state regulatory agencies and key players in the industry, and commonly assists providers with managing compliance. Greenman previously served on the Oregon Elder Abuse Prevention Work Group and is a current member of the Governor's Commission on Senior Services, where he provides advice on the needs and legal protections of vulnerable adults in Oregon.  Prior to attending law school, he spent five years working for the U.S. House of Representatives, including two years as professional majority staff for the Committee on Energy and Commerce, where he planned and implemented Congressional oversight for the Medicare program.

Greenman earned his J.D. from the University of Wyoming College of Law and his B.S. in Political Science from Lewis & Clark College.

Please consider reporting this information in your publication along with the attached photo.  Should you have additional questions or need more information, please contact Lane Powell’s Director of Marketing Jennifer Castleberry at 206.223.7969 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Lane Powell Hosts 33rd Annual Labor and Employment Seminar

On Thursday, April 7, from 8 a.m. to 12 p.m., Lane Powell will team with Oregon Business magazine for a seminar titled “Best Practices For Best Employers™: How to Become a Best Workplace Starting Today!” The seminar will be held at The Benson Hotel in the Mayfair Ballroom, located at 309 SW Broadway in downtown Portland. The registration fee is $75 prepay online or $90 at the door.  This program has been submitted to the HR Certification Institute for review and Oregon CLE credits will be available. Online registration is available at www.lanepowell.com.
 
The seminar will feature presentations by Lane Powell attorneys, providing information targeted to human resource professionals, CEOs, business owners and corporate counsel. Seminar topics will cover: What employers and HR professionals should know about rapidly changing employee benefits laws; best practices for responding to complainants ranging from the annoyed employee to the whistleblower; how potential legislative amendments to the Medical Marijuana Act may impact drug-free workplace policies; ADA Title III website accessibility and best practices for avoiding litigation; guidelines for compliance with employee disability protection and leave laws, and the pros and cons of implementing mandatory arbitration agreements; and recent developments in labor and employment laws and regulations.
 
For further information and/or questions, please contact Emily Snyder at 503.778.2025 or This email address is being protected from spambots. You need JavaScript enabled to view it..">This email address is being protected from spambots. You need JavaScript enabled to view it..
 
Please consider reporting this information in your publication along with the attached photo.  Should you have additional questions or need more information, please contact Lane Powell’s Director of Marketing Jennifer Castleberry at 206.223.7969 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Compass Commercial Announces 2015 Top Producers And Appoints New President

BEND, OR, February 4, 2016 -- Compass Commercial Real Estate Services is pleased to announce Erich Schultz, SIOR was awarded 2015 Top Producer status based on total production throughout the year.  In addition, the company last week announced the appointment of Pat Kesgard, CCIM as incoming president at the company’s annual meeting and awards ceremony.

Schultz has been a consistent high performer earning Compass Commercial’s Top Producer Award in 2007, 2011, 2012 and 2014. In 2015, Schultz participated in several notable investment sale transactions, including the sale of 1133 NW Wall Street for $8,000,000; the sale of 20870 Redside Court for $4,500,000, and the sale of 760 NW York Drive in Northwest Crossing for an undisclosed value.

Kesgard joined Compass Commercial in 2011 and became a shareholder of the company in 2014 at which time he was elected to serve two-years as Vice President of Sales and Marketing.

Additional awards presented to brokers for 2015 achievements included:

·         2015 Largest Sale Transaction awarded to Ron Ross, CCIM, Erich Schultz, SIOR, Jay Lyons, CCIM and Terry O’Neil, Broker for representing the investment sale of 1133 Wall Street in Bend for $8,000,000.
·         2015 Largest Lease Transaction awarded to Peter May, CCIM and Russell Huntamer, CCIM (representing both the lessor and lessee), and Gardner Williams, SIOR and Bruce Kemp, CCIM for representing the lessee in the long term lease of  a 44,000 square foot industrial property located at 63065 18th Street in Bend.

Monthly Top Producers throughout the year were announced as follows:

·         Erich Schultz, SIOR – January, February, March, November
·         Ron Ross, CCIM – April
·         Peter May, CCIM – May, June
·         Pat Kesgard, CCIM – July, September, October
·         Terry O’Neil, Broker – August
·         Robert Raimondi, CCIM – December

In addition to Kesgard’s appointment as president, the company announced partner members elected to serve three-year terms as corporate officers as follows:

·         Erich Schultz, SIOR – Vice President of Sales
·         John Keba, CPM®, ARM® – Vice President of Asset & Property Management and Vice President of Finance
·         Howard Friedman, CCIM – Principal Broker, Vice President of Market Research
·         Lupita Wesseler - Vice President of Operations
·         Krista Polvi, CPM - Corporate Secretary

About Compass Commercial Real Estate Services
With integrated services in brokerage sales, leasing, asset and property management and construction services, Compass Commercial helps buyers, sellers, landlords and tenants achieve their unique commercial real estate goals.  Today, the company celebrates 20 years of serving clients in Central Oregon, continuing a tradition of excellent client service and superior market intelligence. The team’s collective industry expertise includes Central Oregon’s only two Society of Industrial and Office Realtors (SIOR®) designees, 11 Certified Commercial Investment Members (CCIM), 3 Certified Property Manager (CPM®) designees and the distinguished Accredited Management Organization (AMO®) designation from the Institute of Real Estate Management.  Learn more at www.compasscommercial.com.  Follow us on Twitter @CompassCom. 

February Forum Breakfast: Impact of the Export-Import Bank for our Region

fred p hochbergJoin Fred P. Hochberg, Chairman and President of the Export-Import Bank of the United States (EXIM Bank) and a panel of regional business leaders for a discussion on the recently passed EXIM reauthorization and a conversation about why the Bank is important to the region’s trade based economy.” 

 

 

Panelists:

Trey Winthrop, CFO, Bob’s Red Mill Natural Foods

Ted Nelson, VP of Finance and Administration, Paccess, LLC

Event Sponsor:
Available

Series Sponsors:
KeyBank
University of Oregon
Portland Tribune

Date:2/17/2016
Time:7:30 AM TO 8:45 AM

EVENT LOCATION:

Sentinel Hotel 
614 S.W. 11th Avenue 
Portland, OR 97205

Phone:
503-552-6770

Members: online $35.00, $45.00 at the door 
Members: Table for 8: $280.00
Non-Members online: $45.00, $50.00 at the door
Non-Members: Table for 8 online $400.00

REGISTER HERE.

No cancellation or refunds.

Online registration will close at 3:00 February 16, 2016, but you can still attend by paying at the door.

Connect with the Alliance on Twitter at Alliance events by including #pbaevents and tagging us @PDX_BizAlliance.

Greenman Joins Lane Powell's Litigation Practice Group

Joseph M. Greenman has joined Lane Powell as a Shareholder in the Firm’s Litigation Practice Group, where he will be a member of the Long Term Care and Seniors Housing Client Service Team. Greenman focuses his practice on regulatory and complex matters involving long term care and senior housing providers. As the former Senior Vice President and General Counsel of Oregon Health Care Association, and a member of the American Health Care Association Legal Committee, he possesses in-depth knowledge of the laws and regulations governing the entire continuum of long term care providers. Greenman regularly advises clients on risk management, compliance with state and federal regulations, reimbursement issues, HIPAA compliance and public policy matters.
 
Greenman has extensive experience working with state regulatory agencies and key players in the industry, and commonly assists providers with managing compliance. Greenman previously served on the Oregon Elder Abuse Prevention Work Group and the Governor’s Commission on Senior Services, where he provided advice on the needs and legal protections of vulnerable adults in Oregon. Prior to attending law school, he spent five years working for the U.S. House of Representatives, including two years as professional majority staff for the Committee on Energy and Commerce, where he planned and implemented Congressional oversight for the Medicare program.
 
Greenman earned his J.D. from the University of Wyoming College of Law and his B.S. in Political Science from Lewis & Clark College.
 
Please consider reporting this information in your publication along with the attached photo. Should you have additional questions or need more information, please contact Lane Powell’s Director of Marketing Jennifer Castleberry at 206.223.7969 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Central Oregon Commercial Real Estate Transaction Update

COMPASS COMMERCIAL ANNOUNCES NOTABLE DEALS CLOSED IN DECEMBER 2015

BEND, OR, January 29, 2016 –  Compass Commercial Real Estate Services is pleased to announce a selection of commercial real estate transactions closed by the firm in December.

Robert Raimondi, CCIM of Compass Commercial represented Buscir, LLC and S&T Northwest, LLC in the investment sale and purchase of a 4,385 square foot office building located at 2421 NE Doctors Drive in Bend. The sale was part of a 1031 exchange valued at $1,096,000.

Terry O’Neil, broker and Ron Ross, CCIM of Compass Commercial represented Scott Hatcher and Richard L. Shepherd in the sale of two industrial properties located at 36 SE 9th Street in Bend to Medford based Lithia Real Estate. The sale included a 10,249 square foot industrial building and a combined 1.91 acres of land. The total transaction value of the two properties was $1,050,000.

Robert Raimondi, CCIM of Compass Commercial represented 200 Greenwood, LLC in the investment sale of a 5,546 square foot retail building situated on a 13,939 square foot lot at 200 NE Greenwood Avenue in Bend to Don DeZarn. The sale was part of a 1031 exchange valued at $999,900.

Okawa Steakhouse and Sushi leased the former Outback Steakhouse restaurant space located at 1180 SE 3rd Street in Bend. Compass Commercial brokers, Pat Kesgard, CCIM, Peter May, CCIM, Russell Huntamer, CCIM and Joel Thomas, represented the lessor in the negotiation. The tenants are owners of a San Diego based Hibachi style restaurant and will be introducing their concept to Central Oregon.

Blue Sky Veterinary Clinic renewed its lease of a 4,340 square foot facility located in the Mt. Bachelor Village retail center at 20205 Powers Road in Bend. Compass Commercial brokers, John Keba, ARM, CPM, Pat Kesgard, CCIM and Joel Thomas represented both parties in the negotiation.

Eyemart Express leased a 4,524 square foot retail space located at 3148 N Highway 97 in Bend from RPP Bend I, LLC. Russell Huntamer, CCIM and Peter May, CCIM of Compass Commercial represented the lessor, RPP Bend I, LLC in the lease negotiation

Dan Kemp, Broker and Howard Friedman, CCIM of Compass Commercial represented The Redmond Assembly of God in the sale of a five acres of residential land at 1699 W. Antler Avenue in Redmond to a private investor. Compass Commercial brokers, Pat Kesgard, CCIM and Joel Thomas represented the investors in the transaction that was valued at $444,512.

Peter May, CCIM and Russell Huntamer, CCIM of Compass Commercial represented the seller, Clarendon Place, LLC and Stephen Toomey, CCIM also with Compass Commercial, represented the buyers, Vickie and John Hornbeck in the sale and purchase of the RM zoned property located at 2120 NE Bear Creek Road in Bend. The transaction was valued at $417,000.

Agency Revolution leased a 4,322 square foot industrial property located at 63026 Lower Meadow Drive from Freund/Spencer Investment Group. Compass Commercial brokers, Howard Friedman, CCIM and Graham Dent represented the lessee in the negotiation of the lease.

La Magie Bakery & Café leased a 3,943 square foot retail property located at 473 E. Hood Avenue in Sisters from MJM Hood, LLC. Compass Commercial broker, Howard Friedman, CCIM represented both parties in the lease negotiation.

Precious Cargo Transportation, Inc. leased a 6,160 square foot industrial property located at 710 NE 1st Street in Bend from Murray & Holt Motors. Gardner Williams, SIOR and Graham Dent, broker of Compass Commercial represented both parties in the negotiation of the lease.

About Compass Commercial Real Estate Services

With integrated services in brokerage sales, leasing, asset and property management and construction services, Compass Commercial helps buyers, sellers, landlords and tenants achieve their unique commercial real estate goals.  Today, the company celebrates 20 years of serving clients in Central Oregon, continuing a tradition of excellent client service and superior market intelligence. The team’s collective industry expertise includes Central Oregon’s only two Society of Industrial and Office Realtors (SIOR®) designees, 11 Certified Commercial Investment Members (CCIM), 3 Certified Property Manager (CPM®) designees and the distinguished Accredited Management Organization (AMO®) designation from the Institute of Real Estate Management.  Learn more at www.compasscommercial.com.  Follow us on Twitter @CompassCom. 

If you would like more information, please contact Jennifer Ortado at 541.848.4056 or email at This email address is being protected from spambots. You need JavaScript enabled to view it..">This email address is being protected from spambots. You need JavaScript enabled to view it.. For broker images, please visit our Team page http://www.compasscommercial.com/our-team.

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